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Joined 2 years ago
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Cake day: July 14th, 2023

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  • If you call yourself the Burger King in your kitchen, there’s no trademark infringement there. However, if you start selling you food and calling yourself the Burger King, then that is a trademark violation. If you want to write Twilight fan fiction using the characters and story lines from the books, you’re free to do so. There is no copyright violation. However, if you want to profit from your expansions to another author’s work, you have to rename the characters and setting and call it “Fifty shades of grey”.

    I believe in must jurisdictions its the distribution that makes it an issue not the selling. If you started handing out your “Burger King” burgers in a public place I would expect to be shut down.


  • Its Trademark Law in Australia.

    For example Cadbury has a trademark protecting its purple (defined as pantone 2685C) from competitors in the chocolate industry. On the other hand Whiskas has one protecting its purple (defined as CMYK {40% C, 100% M) from competitors in the cat food industry.

    Because its trademark law both only cover their specific industries (so purple would be fair game for a business in another field), but despite the precise definitions used for the colours they would be able to argue that a competitor using a similar purple could cause confusion in consumers, (so they effectively block out an area of the color spectrum).















  • chips

    Its a strange product, in the US they were ordered not to call them “chips”, and call them “crisps” instead:

    The product was originally known as Pringle’s Newfangled Potato Chips, but other snack manufacturers objected, saying Pringles failed to meet the definition of a potato “chip” since they were made from a potato-based dough rather than being sliced from potatoes. The US Food and Drug Administration weighed in on the matter, and in 1975 they ruled Pringles could only use the word “chip” in their product name within the phrase: “potato chips made from dried potatoes”. Faced with such a lengthy and unpalatable appellation, Pringles eventually renamed their product potato “crisps”, instead of chips.

    In the UK, they argued they were not “potato crisps” because they though their low potato content would get a lower tax rate.

    In July 2008, in the London High Court, P&G lawyers successfully argued that Pringles were not crisps (the term by which potato chips are known in British English), even though labelled “Potato Crisps” on the container, as the potato content was only 42% and their shape, P&G stated, “is not found in nature”. This ruling, against a United Kingdom value added tax (VAT) and Duties Tribunal decision to the contrary, exempted Pringles from the then 17.5% VAT for potato crisps and potato-derived snacks. In May 2009, the Court of Appeal reversed the earlier decision.

    https://en.wikipedia.org/wiki/Pringles